Appointment of Third Party Expert. If Sellers and Purchaser cannot settle the disagreement on any disputed items of the Purchase Price Determination Statement within 30 days after receipt by Sellers of the Revised Statement, Sellers or Purchaser may request that the matter be presented to a neutral auditor from an auditing firm of international standing to be jointly designated by Sellers and Purchaser (the “Third Party Expert”). If Sellers and Purchaser cannot agree on the Third Party Expert within 10 days after such a request is made to present the matter to a neutral auditor, the Third Party Expert shall be appointed by the Institute of Chartered Accountants in England and Wales at the request of either Sellers or Purchaser after consideration of the proposals and comments by Sellers and Purchaser. Sellers and Purchaser shall jointly instruct the Third Party Expert to decide the issues in dispute in accordance with the provisions of this Section 5.

Appointment of Third Party Expert. 4.4.1 Within thirty (30) Business Days following Surgold’s providing written notice to the Republic of Suriname of its determination that commencement or recommencement of Development of the Merian Gold Project is infeasible, which notice shall include a reasonable explanation of the factors that have led Surgold to such determination, and which the Republic of Suriname disputes, Surgold and the Republic of Suriname shall agree upon the appointment of an independent third party expert who is a qualified member of a recognized professional organization as listed by the Society for Mining, Metallurgy, and Exploration (SME) in the ‘Guide for Reporting Exploration Results, Mineral Resources, and Mineral Reserves’, of 2007 (or later version), and who shall have at least 20 years of experience with Development, Exploitation and Mining throughout the world. In the event that the Parties are unable to agree upon one expert within such thirty (30) Business Days period, then each shall appoint an expert with such qualifications within the following five (5) Business Days. In the event either Party fails to so appoint an expert on or before the day specified in the preceding sentence, the party appointed as the expert by one Party may appoint an expert to represent the Party having failed to appoint an expert within ten (10) Business Days after the expiration of such period. The expert or experts appointed in either manner shall then proceed to request such reasonably applicable information, materials and data as is required from the Parties, which the Parties have to provide, so that the expert(s) is capable to arrive at a univocal determination as to the feasibility or infeasibility of commencing or recommencing Development. The expert(s) shall be directed by the Parties to render a decision within sixty (60) days after his/her/their appointment. In the event of his/her/their inability to reach a determination within sixty (60) days after appointment, then he/she/they shall select a third expert on or prior to the expiration of such sixty (60) day period (the “Arbitration Commencement Date”). If such joint appointment is not made within sixty (60) days after the Arbitration Commencement Date, either party may request that the London Court of International Arbitration (LCIA) or its successor appoint a third expert having at least the credentials set forth above to render a determination as to the feasibility or infeasibility of commencing Development. Mineral Agreem...

Related to Appointment of Third Party Expert

Appointment of mediator Within 10 Working Days of receipt of the notice referring the Dispute to mediation, the parties must attempt to agree on the identity of the mediator and, if they cannot agree within that timeframe, the mediator will be appointed by the President (or their nominee) of the New Zealand chapter of the Resolution Institute.
Medical Appointments Medical appointments may be charged to sick leave. The employee must notify the supervisor of a medical appointment at least twenty-four (24) hours in advance except in case of emergency.
Appointment of Sub-Advisor In accordance with and subject to the Management Agreement, the Manager hereby appoints the Sub-Advisor to perform the services described in Section 2 below for investment and reinvestment of the securities and other assets of the Series, subject to the control and direction of the Manager and the Fund's Board of Directors, for the period and on the terms hereinafter set forth. The Sub-Advisor accepts such appointment and agrees to furnish the services hereinafter set forth for the compensation herein provided. The Sub-Advisor shall for all purposes herein be deemed to be an independent contractor and shall, except as expressly provided or authorized, have no authority to act for or represent the Fund or the Manager in any way or otherwise be deemed an agent of the Fund or the Manager.
APPOINTMENT OF SUB-ADVISER The Adviser hereby appoints the Sub-Adviser to act as sub-adviser to the Portfolio(s), subject to the supervision and oversight of the Adviser and the Trust Board, and in accordance with the terms and conditions of this Agreement. The Sub-Adviser will be an independent contractor and will have no authority to act for or represent the Adviser or the Trust in any way or otherwise be deemed an agent of the Adviser or the Trust, except as expressly authorized in this Agreement or another writing by the Adviser or the Trust and the Sub-Adviser.
Appointment of USBFS as Fund Accountant The Trust hereby appoints USBFS as fund accountant of the Trust on the terms and conditions set forth in this Agreement, and USBFS hereby accepts such appointment and agrees to perform the services and duties set forth in this Agreement. The services and duties of USBFS shall be confined to those matters expressly set forth herein, and no implied duties are assumed by or may be asserted against USBFS hereunder.
Appointment of Sub-processors Client acknowledges and agrees that (a) Data Processor’s Affiliates may be used as Sub-processors; and (b) Data Processor and/or Data Processor’s Affiliates respectively may engage third-party Sub-processors in connection with the provision of the Services.
Appointment of Arbitrators 1. Except to the extent that the competent authorities of the Contracting States mutually agree on different rules, paragraphs 2 through 4 shall apply for the purposes of Articles 24A to 24H. 2. The following rules shall govern the appointment of the members of an arbitration panel: (a) The arbitration panel shall consist of three individual members with expertise or experience in international tax matters. (b) Each competent authority shall appoint one panel member within 60 days of the date of the request for arbitration under paragraph 1 of Article 24A (Mandatory Binding Arbitration). The two panel members so appointed shall, within 60 days of the latter of their appointments, appoint a third member who shall serve as Chair of the arbitration panel. The Chair shall not be a national or resident of either Contracting State. (c) Each member appointed to the arbitration panel must be impartial and independent of the competent authorities, tax administrations, and ministries of finance of the Contracting States and of all persons directly affected by the case (as well as their advisors) at the time of accepting an appointment, maintain his or her impartiality and independence throughout the proceedings, and avoid any conduct for a reasonable period of time thereafter which may damage the appearance of impartiality and independence of the arbitrators with respect to the proceedings. 3. In the event that the competent authority of a Contracting State fails to appoint a member of the arbitration panel in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting States, a member shall be appointed on behalf of that competent authority by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting State. 4. If the two initial members of the arbitration panel fail to appoint the Chair in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting States, the Chair shall be appointed by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting State.
APPOINTMENT OF SUBADVISER The Subadviser undertakes to act as investment subadviser to, and, subject to the supervision of the Trustees of North American Funds (the "Trust") and the terms of this Agreement, to manage the investment and reinvestment of the assets of the Portfolios specified in Appendix A to this Agreement as it shall be amended by the Adviser and the Subadviser from time to time (the "Portfolios"). The Subadviser will be an independent contractor and will have no authority to act for or represent the Trust or Adviser in any way except as expressly authorized in this Agreement or another writing by the Trust and Adviser.
Appointment of Arbitrator When a Party has requested that a grievance be submitted to arbitration, an arbitrator shall be selected from the following list: Xxxxx Xxxxxxx Xxxx Xxxxxx Xxx Xxxxxxxx
Exclusive Appointment The Company acknowledges that the appointment of the Manager hereunder is an exclusive appointment for the Term. The Company shall not appoint other managers with respect to the Vessels or the Containership business during the Term, except in circumstances in which it is necessary to do so in order to comply with Applicable Laws or as otherwise agreed by the Manager in writing. This Section 2.5 does not prohibit the Company from having its own employees perform the Management Services.

Appointment of Third Party Expert Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Related to Appointment of Third Party Expert